thomachan72
01-04 12:38 PM
Will take a look once I get home today:):)
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tnite
08-06 04:06 PM
bump
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wandmaker
07-12 08:41 PM
Most people think law suit is a bad thing, but that is not right. In a democratic country law suit is the right way to deal with things. We are legal immigrants, we have all the rights to file a law suit, but with full support of IV.
People have already filed a law suit on the same day the President signed the bill! (yesterday, the wire tapping bill...)
By filing a law suit, all we are trying to do is to fix the laws which are not working. Basically, we are doing the right thing. Not only us, but future Legal immigrants will be benefitted, they don't have to go thru what we had to...
Here are the things that needs to be fixed...
1. Country quota
2. Recapturing visas.
3. 3 year EAD/AP
4. End the endless wait ( Proposing a new law )
5. Remove the same/similar confusion in AC21
What is "End the endless wait" ?
EAD is a very good example, If 90 days have passed after filing EAD, you have the option to go to a local USCIS office and get a temp one. We should have a similar option for all the peper work. For example, each and every stage in green card process should have a a day count for processing. Like name check should be completed in 180 days.
Basically, when we receive any receipt notice, it should have a statement which reads "We have received your application and we will take action within 180 days. If we fail to act by MM-DD-YYYY, Please go to the nearest USCIS for approval.."
Sounds little ambitious ?? well, we are not asking for too much, just a day count. Lets say if the whole Green card process takes 3 years or 10 years based on the day count for each stage, people can decide whether they want to immigrate to USA with a clear idea that it will take x days to become a permanent resident ( like how it works in all other countries except USA)
Even a person jailed gets to know how long he is going to spend his time behind bars, but we do not know when we will be free from this immigration mess!
__________________
Attended the DC Rally
Contribution: $150
Sent letters to President/IV
Status : I-485 pending, PD Feb 2005, EB3 - India
We have been running a funding drive for months with the target of 50K and it is sad to say we are not even half way through. I see only 200+ members contributing to funding drive. To execute any idea, you need money - especially law suit requires lot of money :) IMHO, all should make IV financially sound, if the immigration community to see some fruits
People have already filed a law suit on the same day the President signed the bill! (yesterday, the wire tapping bill...)
By filing a law suit, all we are trying to do is to fix the laws which are not working. Basically, we are doing the right thing. Not only us, but future Legal immigrants will be benefitted, they don't have to go thru what we had to...
Here are the things that needs to be fixed...
1. Country quota
2. Recapturing visas.
3. 3 year EAD/AP
4. End the endless wait ( Proposing a new law )
5. Remove the same/similar confusion in AC21
What is "End the endless wait" ?
EAD is a very good example, If 90 days have passed after filing EAD, you have the option to go to a local USCIS office and get a temp one. We should have a similar option for all the peper work. For example, each and every stage in green card process should have a a day count for processing. Like name check should be completed in 180 days.
Basically, when we receive any receipt notice, it should have a statement which reads "We have received your application and we will take action within 180 days. If we fail to act by MM-DD-YYYY, Please go to the nearest USCIS for approval.."
Sounds little ambitious ?? well, we are not asking for too much, just a day count. Lets say if the whole Green card process takes 3 years or 10 years based on the day count for each stage, people can decide whether they want to immigrate to USA with a clear idea that it will take x days to become a permanent resident ( like how it works in all other countries except USA)
Even a person jailed gets to know how long he is going to spend his time behind bars, but we do not know when we will be free from this immigration mess!
__________________
Attended the DC Rally
Contribution: $150
Sent letters to President/IV
Status : I-485 pending, PD Feb 2005, EB3 - India
We have been running a funding drive for months with the target of 50K and it is sad to say we are not even half way through. I see only 200+ members contributing to funding drive. To execute any idea, you need money - especially law suit requires lot of money :) IMHO, all should make IV financially sound, if the immigration community to see some fruits
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GCwaitforever
02-06 04:40 PM
Hi,
What is legally considered as "Permanent Residency approval date" - is it the approval of I485/getting greencard or is it the approval of I140. Sometimes the I140 referred to as an immigrant petition. As we know the process is once this immigrant petition (I14) is approved we apply for adjustment of status as a permanent resident thru II485 - so legally - can we consider that until I485 is not approved, our permanent residence applicaiton is pending?
This is to interpret a reimburse agreement I signed (bad thing to do - but I was naive then and signed a very vague repayment statement). But somewhat good thing is the agreement talks about staying for 2 years "after" the permanent residence is approved. If things get bad - I am hoping that this language might save me. Any thoughts?
- kd
Why do you worry about something that is so far off in future? Given the current retrogression, it takes three or four years anyway for GC to be approved.
Also not all agreements are enforceable. An agreement has to have give and take - Employer offers something and Employee offers something. They can not claim in agreement that you work for them for two years without specifying what they are doing for you in return. So you may ignore the paper agreement completely. Check with an attorney.
What is legally considered as "Permanent Residency approval date" - is it the approval of I485/getting greencard or is it the approval of I140. Sometimes the I140 referred to as an immigrant petition. As we know the process is once this immigrant petition (I14) is approved we apply for adjustment of status as a permanent resident thru II485 - so legally - can we consider that until I485 is not approved, our permanent residence applicaiton is pending?
This is to interpret a reimburse agreement I signed (bad thing to do - but I was naive then and signed a very vague repayment statement). But somewhat good thing is the agreement talks about staying for 2 years "after" the permanent residence is approved. If things get bad - I am hoping that this language might save me. Any thoughts?
- kd
Why do you worry about something that is so far off in future? Given the current retrogression, it takes three or four years anyway for GC to be approved.
Also not all agreements are enforceable. An agreement has to have give and take - Employer offers something and Employee offers something. They can not claim in agreement that you work for them for two years without specifying what they are doing for you in return. So you may ignore the paper agreement completely. Check with an attorney.
more...
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sanjeev.mehra@gmail.com
08-15 11:28 AM
If I am working with X company & Y company is ready to file GC.
(Assuming Y has no objections even if I do not join the company at all)
Is it mandatory for the candidate to join company Y at certain stage which has file GC?
If to be on safe side, I should join company Y at some point;
then what is that state - GC is approved (Once GC is in hand)
or even before that.
Regards,
Sanjeev.
(Assuming Y has no objections even if I do not join the company at all)
Is it mandatory for the candidate to join company Y at certain stage which has file GC?
If to be on safe side, I should join company Y at some point;
then what is that state - GC is approved (Once GC is in hand)
or even before that.
Regards,
Sanjeev.
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arpu31
11-15 01:48 PM
Thank you for your reply.
Even though we get a new I-94, it is still with my consulting company as the company does not give me my I797.
If I go to India and apply for H4 again, then wont the officer ask me on why I am trying to get the H4 stamping again since it already has a previous valid H4 stamping on it? since there is no H1 stamping on my passport.
Or can I go out of USA and get back on the same revious H4 stamping?
Thanks,
Arpu
I believe whenever you apply H1 or H4 in US, you will get new I-94 so you don't need to go outside US.
#3 : no, only show H1B approval from ur spouse.
#4 : I don't know about 60 days rule but this is like chicken and egg situation. to get paid (using H1), you will need to have SSN. if you don't get paid then you are violating ur H1 condition. so I believe the reasonable answer is you have to get SSN and a project so you can get paid and stay using H1B status (if not revert to H4 asap).
#5 : I believe you are not out of status but you are violating H1 condition.
But again, Please check with ur attorney since I am not an attorney.
Sorry if my answers will scare you a bit.
Regards,
Even though we get a new I-94, it is still with my consulting company as the company does not give me my I797.
If I go to India and apply for H4 again, then wont the officer ask me on why I am trying to get the H4 stamping again since it already has a previous valid H4 stamping on it? since there is no H1 stamping on my passport.
Or can I go out of USA and get back on the same revious H4 stamping?
Thanks,
Arpu
I believe whenever you apply H1 or H4 in US, you will get new I-94 so you don't need to go outside US.
#3 : no, only show H1B approval from ur spouse.
#4 : I don't know about 60 days rule but this is like chicken and egg situation. to get paid (using H1), you will need to have SSN. if you don't get paid then you are violating ur H1 condition. so I believe the reasonable answer is you have to get SSN and a project so you can get paid and stay using H1B status (if not revert to H4 asap).
#5 : I believe you are not out of status but you are violating H1 condition.
But again, Please check with ur attorney since I am not an attorney.
Sorry if my answers will scare you a bit.
Regards,
more...
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chanukya
05-17 11:43 PM
I think you are slightly off again. This clause pertains only to labor certification and has no relation to quotas as I understand. Remember that there is no such thing as an LC quota. So you still wait in line... Only gain is that the bar for labor is slightly lower because the employer has to show that they hired the best guy for the job as opposed to showing that no minimally qualified American citizen was available. ;)
US Masters and above exempt from quota...
Read this (Sec 514)
http://immigrationvoice.org/forum/attachment.php?attachmentid=56&d=1147880856
in conjunction with this ...(USCIS Section 201(b)(1)(8 U.S.C 1151(b)(1)
http://www.uscis.gov/lpbin/lpext.dll/inserts/slb/slb-1/slb-20/slb-1225?f=templates&fn=document-frame.htm
US Masters and above exempt from quota...
Read this (Sec 514)
http://immigrationvoice.org/forum/attachment.php?attachmentid=56&d=1147880856
in conjunction with this ...(USCIS Section 201(b)(1)(8 U.S.C 1151(b)(1)
http://www.uscis.gov/lpbin/lpext.dll/inserts/slb/slb-1/slb-20/slb-1225?f=templates&fn=document-frame.htm
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GoneSouth
03-15 05:25 PM
If the first labor is done through PERM, can the 2nd labor be filed? I had heard that there is a policy of one PERM per company per employee. Does that not apply if the new job with the same company is substantially different. That's right. Second PERM can be filed for same employee at same company if first PERM is already approved (not pending) and second PERM is for a "substantially different" position.
Would you please elaborate on "substantially different". If the job title is different and job duties are very different, would that qualify as "substantially different". I have been thinking about doing the same. This is not well defined. In my case, the second PERM was for a position in a different O*NET category and a different job zone, and this was considered "substantially different" by DoL. My guess would be that if the two positions are different O*net codes, you should probably be fine (this is a guess only - please consult your attorney).
Is there any issue when 1st labor was not a PERM labor and 2nd labor is going to be PERM labor and both from same employer ?Sorry, I don't have any experience in that area, so I can't comment.
Would you please elaborate on "substantially different". If the job title is different and job duties are very different, would that qualify as "substantially different". I have been thinking about doing the same. This is not well defined. In my case, the second PERM was for a position in a different O*NET category and a different job zone, and this was considered "substantially different" by DoL. My guess would be that if the two positions are different O*net codes, you should probably be fine (this is a guess only - please consult your attorney).
Is there any issue when 1st labor was not a PERM labor and 2nd labor is going to be PERM labor and both from same employer ?Sorry, I don't have any experience in that area, so I can't comment.
more...
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shirish
04-27 09:41 AM
I had received the same story in email about 7 years back.
This looks like a hoax to me. Could you quote a credible news story or a link on a enforcement site where there is any advisory?
This looks like a hoax to me. Could you quote a credible news story or a link on a enforcement site where there is any advisory?
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smisachu
07-05 07:29 PM
I would suggest a hand gun. A .22 caliber is more than effective if it is a deterrent that you are seeking. The .22 does not have much range, but it is very small and has no recoil.
A 9mm like a Glock is a little advanced but will need practice to use as it has quite some recoil. A .44 desert eagle or Magnum is going over board. You can go to a gun show near you so you can see and feel and learn all about guns before you go to a gun store.
Please follow all legal rules when buying/owning and carrying a weapon. Please get trained well at a local shooting range. You can find information about a shooting range near you and about safety training at NRA (http://www.nra.org).
A study shows that in the event of a confrontation with gangs etc it is more likely that you will be injured or die if you pull a gun as opposed to not pulling one.
So do your home work and make an educated decission. Make sure you buy a safe for keeping the gun in your house especially if you have kids.Never keep the gun and the rounds together. If you are going to pack, make sure you go to your local police and let them instruct on how to carry a concealed fire arm. You will have to carry an empty gun in the glove with the rounds in the trunk for example.
Finally my post is in no way advising you to buy a gun or use it. A disclaimer to cover my rear end. If you have any specific questions about gun models I can advice you if I know. I am a member of the NRA and has been using guns in sporting events for many years.
For self protection.
However I have no clue about Guns... I am thinking about asking the Gun store owner and get more info about them.
For me Guns are like a computer is to my 90 years old Grandpa!
A 9mm like a Glock is a little advanced but will need practice to use as it has quite some recoil. A .44 desert eagle or Magnum is going over board. You can go to a gun show near you so you can see and feel and learn all about guns before you go to a gun store.
Please follow all legal rules when buying/owning and carrying a weapon. Please get trained well at a local shooting range. You can find information about a shooting range near you and about safety training at NRA (http://www.nra.org).
A study shows that in the event of a confrontation with gangs etc it is more likely that you will be injured or die if you pull a gun as opposed to not pulling one.
So do your home work and make an educated decission. Make sure you buy a safe for keeping the gun in your house especially if you have kids.Never keep the gun and the rounds together. If you are going to pack, make sure you go to your local police and let them instruct on how to carry a concealed fire arm. You will have to carry an empty gun in the glove with the rounds in the trunk for example.
Finally my post is in no way advising you to buy a gun or use it. A disclaimer to cover my rear end. If you have any specific questions about gun models I can advice you if I know. I am a member of the NRA and has been using guns in sporting events for many years.
For self protection.
However I have no clue about Guns... I am thinking about asking the Gun store owner and get more info about them.
For me Guns are like a computer is to my 90 years old Grandpa!
more...
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beemboy
05-31 10:11 AM
This is my first time $200 contribution for this great organization. Keep up the good work guys!!
Google Checkout #778027030093989
Google Checkout #778027030093989
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chanduv23
09-14 03:39 PM
yes - never knew it was Jay's voice - orr peobably Jay is doing mimicry
more...
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patelkirti
04-17 02:40 PM
It's alright abt the red dot. Is there a way I can find out who gave it to me? Just curious!
Thanks guyz for helping out!
Thanks guyz for helping out!
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gc_lover
06-20 12:24 PM
Hi gc_lover,
Did u get this information from your attorney? My attorney has a different view and tells me we cannot proceed without the actual papers of certification from PBEC.
Also can u check for me what is required if we do not have the certification papers from DOL(like a print out of CERTIFIED status from DOL website) to file
for 140/485. I will try to pursue with my attorney if I get this info.
Thanks.
Case Details
TR PBEC Priority Date : 03/2003 Stauts : CERTIFIED since last week
Waiting for Certification docs. to file 140/485.
Hello,
I got this from immigration-law.com website
=======================================
06/05/2007: I-140 Petitions Ineligible for Premium Processing
Under the regulation, the USCIS is authorized to suspend certain types of I-140 petitions for the premium processing on its website notice. As of now, the following I-140 petitions are not eligible for the premium processing:
1. A second filing of a Form I-140 petition while an initial Form I-140 remains pending;
2. Labor Certification substitution requests; and
3. Duplicate Labor Certification requests (i.e., cases filed without an original labor certification from the Department of labor).
It appears that the third category includes any I-140 petitions filed without the original labor certification regardless of whether they should obtain a duplicate labor certification from the DOL. It also appears that they refuse to process on the premium processing basis the I-140 petitions to request the priority date transfer unless the original labor certification application is filed with the request.
===============================================
You can apply for 140/485 but you cannot go for premium processing. I also know a case who has done this. You do not need any extra documents to file without LC. My lawyer had confirmed this thing. However, I am planning to send print out of website and email I have from BEC.
Yes, you can file without actual LC papers, so don't wait!
Did u get this information from your attorney? My attorney has a different view and tells me we cannot proceed without the actual papers of certification from PBEC.
Also can u check for me what is required if we do not have the certification papers from DOL(like a print out of CERTIFIED status from DOL website) to file
for 140/485. I will try to pursue with my attorney if I get this info.
Thanks.
Case Details
TR PBEC Priority Date : 03/2003 Stauts : CERTIFIED since last week
Waiting for Certification docs. to file 140/485.
Hello,
I got this from immigration-law.com website
=======================================
06/05/2007: I-140 Petitions Ineligible for Premium Processing
Under the regulation, the USCIS is authorized to suspend certain types of I-140 petitions for the premium processing on its website notice. As of now, the following I-140 petitions are not eligible for the premium processing:
1. A second filing of a Form I-140 petition while an initial Form I-140 remains pending;
2. Labor Certification substitution requests; and
3. Duplicate Labor Certification requests (i.e., cases filed without an original labor certification from the Department of labor).
It appears that the third category includes any I-140 petitions filed without the original labor certification regardless of whether they should obtain a duplicate labor certification from the DOL. It also appears that they refuse to process on the premium processing basis the I-140 petitions to request the priority date transfer unless the original labor certification application is filed with the request.
===============================================
You can apply for 140/485 but you cannot go for premium processing. I also know a case who has done this. You do not need any extra documents to file without LC. My lawyer had confirmed this thing. However, I am planning to send print out of website and email I have from BEC.
Yes, you can file without actual LC papers, so don't wait!
more...
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ramus
08-15 12:07 PM
Great.. please contribute to DC rally in anyway you can.
I thought this will give some hope to you.
Mine reached USCIS on July-3rd around 6:00am. All 6 (2x485, 2xAP, 2xEAD) checks were cached today.
Hope yours on the way too...
I thought this will give some hope to you.
Mine reached USCIS on July-3rd around 6:00am. All 6 (2x485, 2xAP, 2xEAD) checks were cached today.
Hope yours on the way too...
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a1b2c3
12-19 02:09 AM
These articles are nothing new. Given the current state of affairs, its only to be expected because people like you and me are actually displacing some jobs whether we admit it or not.
However, what these folks don't seem to get is that outsourcing is a much bigger culprit. And so go after the business owners who outsource to keep businesses profitable and not target a handful of legal immigrants. And legal immigrants are not responsible for the housing mess! Go after the loan defaulters. Catch the greedy banks who dished out bad loans!!
The unemployment numbers are very high and its spoiling people's holiday season and also their moods. A lot of American citizens don't have a choice to work anywhere else. That clouds their judgement and makes them irrational.Please try to understand the opposite point of view and just ignore these articles instead of starting threads on IV.
However, what these folks don't seem to get is that outsourcing is a much bigger culprit. And so go after the business owners who outsource to keep businesses profitable and not target a handful of legal immigrants. And legal immigrants are not responsible for the housing mess! Go after the loan defaulters. Catch the greedy banks who dished out bad loans!!
The unemployment numbers are very high and its spoiling people's holiday season and also their moods. A lot of American citizens don't have a choice to work anywhere else. That clouds their judgement and makes them irrational.Please try to understand the opposite point of view and just ignore these articles instead of starting threads on IV.
more...
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wandmaker
08-26 06:07 PM
Thank you very much for your prompt reply. Greatly appreciate.
I paid the money to my company who has applied for my H1B. I am not too sure whom they will address the check to. They only sent me the Fedex tracking no. which tells that the application is received by USCIS, Vermont on April 7th.
I am fine if it is taking time but my only concern is whether this company has really sent my H1B petition. Is there any way to find it out?
Regds,
Vani
No way, you will have to ask your employer
I paid the money to my company who has applied for my H1B. I am not too sure whom they will address the check to. They only sent me the Fedex tracking no. which tells that the application is received by USCIS, Vermont on April 7th.
I am fine if it is taking time but my only concern is whether this company has really sent my H1B petition. Is there any way to find it out?
Regds,
Vani
No way, you will have to ask your employer
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vivache
09-21 05:42 PM
"Top on IV's goals is 'ability to file for I-485' even when visa number is not available. As you perhaps know this will enable securing an EAD. Hope this answers your question."
Unintelligent question :).
What time frame do we expect this to kick in .. if it does?
(I know you can't give a definite date .. but just curious)
Also how optimistic are we (IV lawyers) of getting this one in? (good chance, medium chance ..)
Unintelligent question :).
What time frame do we expect this to kick in .. if it does?
(I know you can't give a definite date .. but just curious)
Also how optimistic are we (IV lawyers) of getting this one in? (good chance, medium chance ..)
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gantilk
04-27 11:02 PM
I see the following in the USCIS website:
"Filings made Pursuant to Visa Bulletin No. 107: As previously announced, all forms I-765 and I-131 applications based on employment-based adjustment of status applications filed pursuant to Visa Bulletin No. 107 that are submitted on or before August 17, 2007 must be filed under the fee structure in place prior to July 30, 2007. On or after July 30, 2007, those applications may not be electronically filed and must be submitted to a Service Center via regular mail or courier service."
Can somebody clarify this please? I applied 485 during the July 2007 fiasco and want to renew my EAD now? Can i e-file with $340 fee?
"Filings made Pursuant to Visa Bulletin No. 107: As previously announced, all forms I-765 and I-131 applications based on employment-based adjustment of status applications filed pursuant to Visa Bulletin No. 107 that are submitted on or before August 17, 2007 must be filed under the fee structure in place prior to July 30, 2007. On or after July 30, 2007, those applications may not be electronically filed and must be submitted to a Service Center via regular mail or courier service."
Can somebody clarify this please? I applied 485 during the July 2007 fiasco and want to renew my EAD now? Can i e-file with $340 fee?
Alabaman
09-01 02:10 PM
It is time USA opens its borders to allow more people from good cultures like India to come and settle here. Americans can learn family values from Indians. If America restricts immigrants it will turn into a country of bigoted, nepotistic creeps who will export their ugly culture of disowning their own parents to our shores and around the world. Programmers have long enjoyed high inflated salaries that are unreasonable. These salaries now need to come down and be competitive globally. Time for a 'change' in immigration and congress to open its arms to immigrants who made this country so great. It is time to make Kennedy's dream a reality. Indians who settle here need to have loyalty to their culture and should not become Americanized. Take the good things from this culture and not lose your own good cultural values that made India the best country in the world until the gora British came and ruined it.
No offence intended, If India is the best country in the world with its "wonderful" cultures why are there so many Indians hell bent on getting the Green Card? Waiting so many years painfully? Why not just return home and live in "best place on earth"? Why would you want to turn America into India? It is good to respect your host country's culture. They are not perfect and so also are many other countries. Please let's call a spade a spade and nothing else.
Having said that, this article reminds us that the debate should be: What group of people does America need to allow into this country on a permanent basis? (Emphasis on permanent basis). Aged parents of US citizens or long time resident and highly skilled immigrants?
If I had a chance to write this part of the immigration law, I would stop a system where US citizens can file green cards for sibblings and parents. I would however, make it almost automatic for parents of citizens/green card holders to be granted 5 to 10 year visitor visas. I dont expect my parents who are in their 60s to move to the US. To do what at that age?? I cant sit at home with them... they will just be lonely!!
I would also stop the green card lottery program. The freed up green quota from these two groups I will move to long time LEGAL residents (say 5 years or 10 years) who have been paying taxes, working and contributing to the economy.
No offence intended, If India is the best country in the world with its "wonderful" cultures why are there so many Indians hell bent on getting the Green Card? Waiting so many years painfully? Why not just return home and live in "best place on earth"? Why would you want to turn America into India? It is good to respect your host country's culture. They are not perfect and so also are many other countries. Please let's call a spade a spade and nothing else.
Having said that, this article reminds us that the debate should be: What group of people does America need to allow into this country on a permanent basis? (Emphasis on permanent basis). Aged parents of US citizens or long time resident and highly skilled immigrants?
If I had a chance to write this part of the immigration law, I would stop a system where US citizens can file green cards for sibblings and parents. I would however, make it almost automatic for parents of citizens/green card holders to be granted 5 to 10 year visitor visas. I dont expect my parents who are in their 60s to move to the US. To do what at that age?? I cant sit at home with them... they will just be lonely!!
I would also stop the green card lottery program. The freed up green quota from these two groups I will move to long time LEGAL residents (say 5 years or 10 years) who have been paying taxes, working and contributing to the economy.
GC_LOOKIN
05-08 11:27 PM
I think if iam not wrong its not based of the priority date or anything else. Its just random
we received a soft LUD on 04-30 we are july 2007 filers..not sure what it means..
we received a soft LUD on 04-30 we are july 2007 filers..not sure what it means..
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